Texting & Voicemail Rules for Sales Reps in Virginia
To text or send ringless voicemail to sales leads in Virginia, you need prior express written consent (PEWC) under the federal TCPA (47 CFR 64.1200(f)(9)) — a purchased list is not consent. Send only during 8:00 AM – 9:00 PM at the recipient's local time, honor STOP opt-outs immediately, and include your business name. Virginia's key statute is Va. Code 59.1-510 et seq., and it carries a private right of action (recipients can sue directly).
By Ryan Madden, Founder, FollowUp AI · Updated June 16, 2026 · This is a general summary of common rules, not legal advice. Confirm specifics with counsel.
Virginia SMS & voicemail compliance at a glance
| Consent for automated marketing | Prior express written consent (PEWC) — 47 CFR 64.1200(f)(9) |
|---|---|
| Quiet hours | 8:00 AM – 9:00 PM — Matches federal default |
| Frequency cap | {'count': 3, 'period_hours': 720, 'note': 'Same goods/services, 30-day period'} |
| State EBR exemption | No state EBR exemption |
| State DNC registry | No separate state registry (federal DNC applies) |
| Private right of action | Yes — recipients can sue directly |
| Penalties | $500 first, $1,000 subsequent; treble for willful |
| Call-recording consent | One-party consent |
| Risk tier | Highest Risk |
| Key statute | Va. Code 59.1-510 et seq. |
Notable Virginia rules
- Text messages explicitly covered
- 3 calls per 30-day period to same residential number for same goods/services
- 2024 statute explicitly designed to be broader than federal post-Duguid
- PEWC required for calls to any number (not just cell phones)
Per-recipient timezone quiet hours, opt-out handling, and consent tracking — built in. Start free →
Frequently asked questions
Do I need consent to text sales leads in Virginia?
Yes. Automated marketing texts (and ringless voicemail) require prior express written consent (PEWC) under the federal TCPA, 47 CFR 64.1200(f)(9), in every state including Virginia. A purchased lead list is not consent.
What are the texting quiet hours in Virginia?
In Virginia, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
Is there a storm or insurance-claim solicitation ban in Virginia?
Virginia has no special storm-solicitation ban beyond the standard federal rules. Roofing/restoration insurance-claim restrictions exist only in FL, TX, and LA.
Can I be sued for texting violations in Virginia?
Yes — Virginia provides a private right of action, so recipients can sue you directly in addition to the federal TCPA ($500–$1,500 per violation).
Does an existing customer relationship (EBR) let me skip consent in Virginia?
An EBR (18 months from a purchase, 3 months from an inquiry) only exempts you from the Do-Not-Call registry — it does not replace PEWC for automated marketing. You still need written consent to send automated texts or voicemail.
About the author. Ryan Madden is the founder of FollowUp AI, an SMS and ringless-voicemail follow-up platform for field sales teams, where he works on TCPA-aware outreach compliance. This is general information, not legal advice.